Our attorneys have experience in the organization and operation of captive insurance companies included within a controlled corporate group or serving otherwise unaffiliated entities. We have advised on a variety of legal, structural, tax and regulatory issues that arise in the formation of captives. We assist in transforming a client’s financial risk into insurance financial risk transfer through the formation of a captive. We advise on fronted, direct and reinsurance structures and review capital deployment strategies and deal with various captive types and structures.

Unlike other firms, Anderson Kill’s captives practitioners embark on captives formation and advice with clients from a policyholder’s perspective. Our captives insurance lawyers have practice and industry experience in domestic and international taxation, insurance, corporate and securities law. Anderson Kill is familiar with registration requirements, industry landscape, operational costs and other crucial factors in the ten or so domiciles in which captives operate, so our clients can make informed decisions and enjoy a smooth transition in their captive formation. We understand that companies launch captives for a variety of reasons, so we deliver legal advice based on the needs and business objectives of our clients.

We assess our clients’ business and legal objectives, historical loss experience, the commercial market availability, capitalization requirements, corporate culture, risk retention and appetite, and the client’s overall business goals, and then set a course for the right tactics and domicile selection for the captive. In this regard, we review business plans and feasibility studies against regulatory requirements, funding and governance matters specific to the domicile in which our clients have chosen to operate the captive, all with the goal of optimizing a client’s captive insurance opportunities. Leveraging our experience with financing entities, we are able to structure very effective contractual relationships with both affiliated parties and third parties. We also have experience in advising with respect to reinsurance agreements and reinsurance matters.

For more information on our practice, please contact Phillip England, (212) 278-1483 or pengland@andersonkill.com